Bipartisan Hearing on Repealing the 2001 AUMF

On February 27, 2018, the House Liberty Caucus and the Congressional Progressive Caucus co-hosted an ad-hoc hearing on repealing the 2001 Authorization for Use of Military Force (AUMF) and the need for Congress to have a full debate and vote on war.

Reps. Lee (D- CA) and Amash (R- MI) make their opening statements at a hearing on the 2001 AUMF. Emily Sajewski/ FCNL

Congress passed the 2001 AUMF three days after the attacks of September
11, precipitating the United States’ invasion of Afghanistan and now our
ever-growing ‘War on Terror.’ In his opening statement, Rep. Amash
stated that “Congress has sat idly by as three different presidents have
used the 2001 AUMF to carry out seemingly endless wars and justify
military actions no one could have imagined when Congress passed the
AUMF in the days following the attacks.” The 2001 AUMF has been publicly
cited 41 times across 18 different countries as the authorization for
military operations.

Rep. Lee noted the timeliness of the hearing, stating that “just last
week, the Trump administration claimed that it needs no legal authority
from Congress to indefinitely keep American military forces in Syria and
Iraq.” Since passing the 2001 AUMF almost 17 years ago, Congress has not
had a full debate and vote on war. “We cannot afford to wait any longer
while these wars expand,” Rep. Lee continued, “Congress has ignored our
duties on these ongoing wars.”

The three expert witnesses for the hearing were Senior Fellow & Military
Expert for Defense Priorities Lt. Col. Daniel Davis, International Legal
Counsel for Human Rights First Rita Siemion, and Executive Director of
Veterans for Peace Michael McPhearson.

The audience listens as three expert witnesses give testimony in a hearing on repealing the 2001 AUMF. Susan Nahvi/ FCNL

Their testimonies emphasized the dangers of continuing to stretch the
outdated 2001 AUMF. Doing so would both continue to erode Congress’s
constitutionally-designated war authority and have a heavy human and
moral cost. Rep. Jim Jordan posed the question, “In 17 years from now,
is it likely we’re still in Afghanistan?” Lt. Col. Davis responded,
“Without Congressional action, yes.”

Rep. Jones recognized the weighty consequences of Congress’s inaction,
saying, “We owe it to the… youth of this country to debate before we
send them to die for America.”

The whole discussion highlighted the importance of bipartisan action to
repeal the 2001 AUMF. This is not an issue that will be fixed by one
party; we need members from across the political spectrum to come
together as these members did and take action to end America’s endless
wars. These members recognize their moral and Constitutional duties to
do so, and FCNL will continue to call on Congress to take action.

Susan Nahvi

Program Assistant, Human Rights and Civil Liberties

Susan Nahvi advocates on behalf of FCNL in the area of Human Rights and Civil Liberties. She concentrates on several issues, including the Muslim travel ban, Islamophobia, and Syrian refugees. She writes articles that appear on FCNL’s website, lobbies members of Congress, and supports the work of Legislative Representative Yasmine Taeb.